We provide the complete commercial debt recovery service; from outsourced early arrears collections through to expert litigation, all handled in-house by a multi-award-winning law firm.
We provide the complete commercial debt recovery service; from outsourced early arrears collections through to expert litigation, all handled in-house by a multi-award-winning law firm.
Case Study
In the recent employment tribunal case, Fahmy -v- The Arts Council England, the issue at hand was whether an employee expressing gender critical views had been subjected to harassment by colleagues opposed to her beliefs.
The tribunal also examined whether the employer had taken sufficient measures to prevent such harassment. The case sheds light on the complexities surrounding conflicting beliefs in the workplace and the importance of maintaining a respectful and inclusive environment.
Ms Fahmy, a long-standing employee of the Arts Council, held gender critical beliefs, asserting that sex cannot be changed and that gender should not be conflated with biological sex. The Arts Council provided funding to the LGB Alliance, an organisation focused on supporting lesbians, gay men, and bisexual individuals. This caused controversy, with accusations of transphobia leading to the suspension of the grant.
Case Study
To address the concerns raised, the Arts Council organised a ‘drop-in’ session where staff could discuss the matter via a video meeting and Teams chat.
Over 400 members of staff participated and around 25 people actively contributed.
During the session, a senior manager expressed personal views opposing the LGB Alliance and its alleged history of excluding trans people. Ms Fahmy challenged these statements, raising questions about the protection of gender-critical views within the organisation. The tribunal determined that while it was unwise for the manager to express personal opinions, it did not create an intimidating or hostile environment for Ms Fahmy, who willingly engaged in the debate.
Following the session, the senior manager contacted Ms Fahmy to acknowledge that the sessions “must have been uncomfortable” for her and she might be feeling “a little isolated and bruised”. The same day, another employee circulated an email encouraging colleagues to sign a petition criticising the handling of the drop-in session and targeting colleagues with gender-critical views. Offensive comments equating gender-critical beliefs to “cancer” and labelling the LGB Alliance as a “hate group” were posted. The tribunal concluded that this petition and the accompanying comments did harass Ms Fahmy and aimed to create a hostile environment for her.
The Arts Council argued that it had taken reasonable steps to prevent harassment, citing the immediate suspension of the author of the petition and disciplinary actions against employees who made offensive comments. Additionally, the organisation had a Dignity at Work Policy in place. However, the tribunal found that the defence was not sufficient because the policy was outdated, failed to address belief discrimination, and lacked updated training on belief discrimination.
The case of Fahmy -v- The Arts Council England serves as a cautionary tale for employers navigating conflicts of belief in the workplace. It highlights the need for a clear understanding of belief discrimination laws and the potential consequences of taking sides in such disputes. While individuals have the right to hold and express differing opinions, employers should establish standards of behaviour that encourage respectful dialogue and discourage labelling and harassment.
The tribunal noted that managers should avoid expressing personal views in highly charged situations, as it may be perceived as representing the organisation’s stance. This can inadvertently encourage harassment against employees with opposing beliefs and compromise the impartiality required for investigations and disciplinary actions.
In this case, the tribunal suggested that the senior manager’s views on gender-critical beliefs empowered some employees to initiate the petition and encourage others to attack those with differing views.
The Fahmy -v- The Arts Council England case underscores the challenges faced by employers in managing conflicting beliefs among employees. It emphasises the rights of individuals to hold diverse opinions while highlighting the importance of fostering an inclusive and respectful work environment.
Employers should strive to ensure that reasonable steps are taken to prevent harassment, update policies to address belief discrimination, and promote impartiality among decision-makers to mitigate potential legal consequences and protect their reputation.
Contact Us
For further information or advice in relation to managing conflicts in the workplace, please contact our employment law specialists on 01332 226 155 or fill in the form below.
Related Services
Knowledge